Chapter 11.45
GROUNDWATER PROTECTION
Sections:
11.45.010 Pollution of waters – Public policy of the Tribe.
11.45.030 Department of Natural Resources.
11.45.040 Duties of the Department under this chapter.
11.45.050 Groundwater protection.
11.45.060 Water quality standards.
11.45.070 Establishment of sanitary control areas.
11.45.080 Control regulations.
11.45.090 Authority to enter and inspect premises and records.
11.45.010 Pollution of waters – Public policy of the Tribe.
Whereas the pollution of the groundwater underlying Tribal lands constitutes a menace to public health and welfare, creates public nuisances, and impairs domestic, agricultural, industrial, recreational, traditional, cultural, and other legitimate beneficial uses of water, and whereas such pollution is contrary to the best interest of the residents of Tribal lands, it is hereby declared to be the public policy of the Tribe to protect, maintain, and improve the quality thereof for public water supplies, and for domestic, agricultural, industrial, traditional, cultural, recreational, and other beneficial uses; to provide that no waste be introduced into any groundwater of Tribal lands without first being given the degree of treatment necessary to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement, and control of new or existing groundwater pollution; to place in priority those control measures directed toward the elimination of pollution that creates hazards to public health; to ensure due consideration of financial problems imposed on groundwater polluters through the pursuit of these objectives; and to cooperate with other departments of the Tribe, states, and agencies of states, and the Federal government in carrying out these objectives. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.010.]
11.45.020 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
“Groundwaters of the Tribe” means all groundwater including that which is accessed by wells, or feeds springs which are contained within, flow through or under, or border upon the Chehalis Reservation or other Tribal lands or any portion thereof.
“Permit” means a permit issued under this chapter.
“Pollutant” means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste.
“Pollution” means such artificial or induced natural contamination, or other alteration of the physical, chemical, biological, and radiological properties of any groundwaters of the Tribe, or such introduction of any liquid, gaseous, or solid substance into any waters of the Tribe as will create a nuisance or render such waters harmful or detrimental or injurious to public health, safety, welfare, or to domestic, commercial, industrial, agricultural, traditional, cultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
“Schedule of compliance” means a schedule of remedial measures and times including an enforceable sequence of actions or operations leading to compliance with any control regulation or effluent limitation. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.020.]
11.45.030 Department of Natural Resources.
This chapter shall be administered by the Chehalis Tribe Department of Natural Resources (“the Department”). [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.030.]
11.45.040 Duties of the Department under this chapter.
A. The Department shall develop and maintain a comprehensive and effective program for protection of groundwater quality and the prevention, control, and abatement of groundwater water pollution throughout the Tribal lands and, in connection therewith, shall have, and may exercise, the following powers and duties:
1. Promulgate water quality standards in accordance with CTC 11.45.060;
2. Promulgate control regulations and issue permits in accordance with CTC 11.45.080;
3. Perform duties assigned to the Department in CTC 11.45.070 with respect to the location, design, construction, and operation of individual sewage disposal systems;
4. Review from time to time, at intervals of not more than three years, the water quality standards, and control regulations that it has promulgated; and
5. Perform other duties as may be lawfully assigned to it by the Business Committee.
B. The Director’s authority shall be broad and flexible to the end that the policy of this Tribe as declared in CTC 11.45.010 shall be effectively carried out. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.040.]
11.45.050 Groundwater protection.
A person shall not adversely affect the quality and/or quantity of the groundwater of the Tribe by introduction of pollution or pollutants or otherwise. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.050.]
11.45.060 Water quality standards.
The water quality standards adopted pursuant to Chapter 11.50 CTC, Surface Water Quality Standards, shall apply to groundwaters of the Tribe, as well. The Director of the Natural Resources Department, in his/her discretion, may adopt additional water quality standards as necessary to protect drinking water supplies and/or other applicable beneficial uses. Water quality standards adopted to protect drinking water shall be at least as protective of the health and safety of Tribal lands residents as those standards set forth by the EPA. In the absence of water quality standards adopted by the Director for the protection of drinking water, those set forth by the EPA, 40 C.F.R. Part 141, shall apply. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.060.]
11.45.070 Establishment of sanitary control areas.
A sanitary control area is an area surrounding a spring or wellhead that is required to protect a well or spring from existing and potential contamination sources. Following are requirements for sanitary control areas and shall supplement and/or supersede any prior wellhead protection requirements. Sanitary control areas shall be maintained around all wells and springs for the purpose of protecting them from existing and potential contamination sources.
A. Size of the Area.
1. Unless engineering justification supports a smaller area, the minimum sanitary control area around a public water supply well shall be a radius of 100 feet and the minimum sanitary control area around a spring shall be a radius of 200 feet. Any engineering justification in support of a smaller area must address geological and hydrological data, well construction details, and other relevant factors necessary to ensure adequate sanitary control;
2. The minimum sanitary control area around a single-family, domestic water supply well shall be determined on a case-by-case basis but shall not be less than 50 feet unless engineering justification supports a smaller area; and
3. The Director of Natural Resources may require a larger sanitary control area than that specified in subsections (A)(1) and (A)(2) of this section if geological and hydrological data support such a decision.
B. No source of contamination may be constructed, stored, disposed of, or applied within the sanitary control area without the approval of the Natural Resources Director.
C. Water purveyors shall demonstrate that they have the legal right to exercise complete sanitary control of the land within the sanitary control area applicable to their water source. [Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.070.]
11.45.080 Control regulations.
A. The Director of Natural Resources shall promulgate control regulations on the basis of priority threats to drinking water supplies. Priority threats shall be determined on the basis of potential impacts to drinking water quality as shown by monitoring and/or the need to prevent entry of pollution or pollutants into groundwaters of the Tribe.
B. Control regulations may consist of enforceable rules for the protection of water quality promulgated by the Director, or conditions included in a permit issued by the Director, or adoption by the Director of pollution prevention and spill response plans prepared and submitted by owners/operators of any activity within Tribal lands that may result in the introduction of pollution or pollutants into groundwaters of the Tribe.
C. The failure of any person to abide by control regulations promulgated to address activities conducted by that person shall be deemed a violation of this chapter and subject to the enforcement actions and penalties specified in CTC 11.45.120. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.080.]
11.45.090 Authority to enter and inspect premises and records.
A. The Natural Resources Department, through its authorized employees, has the power to enter and inspect at any reasonable time and in a reasonable manner any property, premises, or place for the purpose of investigating any actual, suspected, or potential source of groundwater pollution, or ascertaining compliance or noncompliance with any control regulation or permit or any other order promulgated or issued under this chapter. Such entry is also authorized for the purpose of inspecting and copying of records required to be kept concerning any waste disposal permit or effluent source.
B. If such entry or inspection is denied or not consented to, the Department is empowered to and shall obtain from the Tribal Court a warrant to enter and inspect any such property, premises, or place prior to entry and inspection. The Tribal Court is empowered to issue such warrants and/or orders upon a proper showing of the need for such entry and inspection. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.090.]
11.45.100 Emergencies.
Whenever the Director determines, after investigation, that any person is discharging or causing to be discharged or is about to discharge or introduce into any groundwaters of the Tribe, directly or indirectly, any pollutant or pollution that in the opinion of the Director constitutes a clear, present, and immediate danger to the health or livelihood of members of the public, the Director shall issue a written order to said person that he must immediately cease or prevent the discharge or introduction of such pollution or pollutant into such waters and thereupon such person shall immediately discontinue such activity. Concurrently with the issuance of such order the Director may seek a restraining order or injunction pursuant to CTC 11.45.120. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.100.]
11.45.110 Implementation.
The Director shall, through the issuance of control regulations, permits, directives, and orders as are appropriate, limit the introduction or discharge of pollution and pollutants into the groundwaters of the Tribe as necessary to assure compliance with the water quality standards adopted under this chapter. It is noted that, from time to time, certain short-term activities that are deemed necessary to accommodate essential activities or to otherwise protect the public interest may be specially authorized by the Director under such conditions as the Director or his/her designee may prescribe, even though such activities may result in a reduction of water quality conditions below those criteria and classifications established by this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.110.]
11.45.120 Enforcement.
To ensure that the standards for groundwater quality promulgated herein and the terms of control regulations, waste disposal permits, and other orders and directives of the Department are fully complied with, the following enforcement tools will be relied upon by the Department in cooperation with the Chehalis Tribe’s Office of Tribal Attorney and the Environmental Protection Agency, as the Department deems appropriate:
A. Issuance of Notices of Violation and Regulatory Orders. Whenever, in the opinion of the Director, a person is violating or about to violate this chapter, the Director shall notify said person of its determination. Within 30 days, or a shorter period of time if the notice issued by the Department so specifies, said person shall notify the Department of the action taken or being taken in response to the Director’s determination, whereupon the Director may issue a regulatory order as he/she deems appropriate. Whenever the Director deems immediate action is necessary to accomplish the purpose of this chapter, he may issue a regulatory order without first giving notice and 30 days for response.
B. Initiation of actions requesting injunctive or other appropriate relief in Tribal Court or Federal court or such other courts as the office of Tribal Attorney shall deem appropriate.
C. Levying of Civil Penalties. Under this subsection, the Director may levy a civil penalty up to $5,000 per day against a person who violates the terms of applicable control regulations and/or a waste discharge permit, or who discharges without such a permit when same is required. If the amount of the penalty, which is subject to mitigation or remission by the Department, is not paid within 30 days after receipt of said notice, the Office of Tribal Attorney, upon request of the Director, shall bring an action in the Tribal Court, or such other court as the Office of Tribal Attorney shall determine is appropriate to recover the same.
D. Issuance of regulatory orders or directives by the Chehalis Tribe and, if necessary, enforcement of such orders in the Tribal Court or other appropriate court.
E. The remedies herein are cumulative and one or more remedies may be sought simultaneously. [Res. 2016-17; Res. 2011-020; Res. 2006-78. Prior code § 7.6.1.120.]